Omprakash Yadav @ Gilu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1633 of 2020 Arising Out of PS. Case No.-32 Year-2014 Thana- PIPRASI District- West Champaran ====================================================== Omprakash Yadav @ Gilu Yadav, male, aged about 40 years, Son of Vriksha Yadav @ Vrisha Yadav, R/o Village-Parsauni, P.S.-Piprasi, District-West Champaran.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arvind Kumar, Adv.

For the Respondent/s :

Mr. Spc. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-11-2020 Heard the counsel for the parties.

This is an application seeking setting-aside of the order dated 22.01.2020 passed by the learned 1st Addl. Sessions Judge-Cum-Special Judge (S.C. & S.T./POCSO), Bettiah, West Champaran in connection with A.B.P. No. 2489 of 2019 arising out of Piprasi P.S. Case No. 32 of 2014, whereby the prayer made on behalf of the appellant for grant of anticipatory bail has been

Patna High Court CR. APP (SJ) No.1633 of 2020(2) dt.04-11-2020 2/3 rejected.

From the F.I.R., it appears that some dispute had taken place between the sister of the appellant and the daughter of the informant. It further appears that because of such dispute between the two children during school hours, the elders entered into the fray. It further appears that the appellant is a co-villager of the informant and stays next door to him. Because of some strained relationship from before, this kind of an occurrence took place, leading to the institution of the present case. For the facts stated in the F.I.R., this Court is inclined to allow the prayer made on behalf of the appellant.

The order dated 22.01.2020, referred to above, is set-aside.

The appellant/Omprakash Yadav @ Gilu Yadav, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. APP (SJ) No.1633 of 2020(2) dt.04-11-2020 3/3 of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge-Cum-Special Judge (S.C. & S.T./POCSO), Bettiah, West Champaran, in connection with Piprasi P.S. Case No. 32 of 2014, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The appeal stands disposed of accordingly.

(Ashutosh Kumar, J) Praveen-II/- U T